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United States District Court, Southern District of West Virginia at Charleston — Case 2:23-cr-00123, Document 25

Summary

Document 25 in Case 2:23-cr-00123 is an Order dated October 4, 2023, on the defendant's Motion to Continue Trial and Related Pretrial Deadlines. The court ORDERS the motion GRANTED, continuing the trial previously scheduled for October 31, 2023, to 9:30 a.m. on December 5, 2023. Pretrial motions are due on or before November 8, 2023, and the hearing on pretrial motions is continued to 1:30 p.m. on November 16, 2023. The court finds the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial, and the period of delay from October 31, 2023, to December 5, 2023, is excludable under the Speedy Trial Act.

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“United States District Court, Southern District of West Virginia at Charleston — Case 2:23-cr-00123, Document 25.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-237310-25-0-cb906d5677/, SHA-256 92683d434ff1673e0db5305869ccebf459ca18e914586b72d8d6059ddd4d161c.

Full text

     Case 2:23-cr-00123   Document 25    Filed 10/04/23   Page 1 of 3 PageID #: 62



                        UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF WEST VIRGINIA
                                AT CHARLESTON


UNITED STATES OF AMERICA


v.                                      CRIMINAL ACTION NO. 2:23-00123


SEAN PATRICK BOYD, JR.


                                   O R D E R


              Pending before the court is defendant’s Motion to

Continue Trial and Related Pretrial Deadlines, filed on

October 3, 2023, by Emily L. Szopinski, Assistant Federal Public

Defender, defendant’s counsel.           In the Motion, the defendant

moves the court for a forty-five (45) day continuance of the

trial inasmuch as defense counsel needs additional time to

review discovery, confer with the defendant regarding the same,

and conduct any necessary investigation and research to

determine what if any pretrial motions should be filed.


              The court finds that for the reasons outlined above,

defendant’s counsel needs additional time to review discovery,

consult with and review the same with the defendant, conduct any

necessary investigations and research, and determine what, if

any, pretrial motions to file; as related in the Motion, the

Government does not object to the continuance, it is ORDERED

that the Motion be, and it hereby is, GRANTED, to the extent
  Case 2:23-cr-00123   Document 25   Filed 10/04/23   Page 2 of 3 PageID #: 63



that the trial date and all related pretrial deadlines are

continued as set forth below.


           It is accordingly ORDERED that the trial previously

scheduled for October 31, 2023, is continued to 9:30 a.m. on

December 5, 2023.      It is further ORDERED that pretrial motions

are due on or before November 8, 2023; and the hearing on

pretrial motions previously scheduled for October 17, 2023, is

continued to 1:30 p.m. on November 16, 2023.


           Correspondingly, the time for filing voir dire and

jury instructions and the time for filing witness lists are

continued to six (6) and four (4) days before the trial,

respectively.


           Pursuant to 18 U.S.C. § 3161(h)(7)(A) and (7)(B)(iv),

the court finds the ends of justice served by the granting of

this continuance outweigh the best interests of the public and

the defendant in a speedy trial inasmuch as failure to grant a

continuance would unreasonably deny counsel for the defendant

time necessary for effective preparation, taking into account

the exercise of due diligence.       Accordingly, the period of delay

from October 31, 2023, to December 5, 2023, is excludable in

computing the time within which trial must commence pursuant to

the Speedy Trial Act.


                                     2
  Case 2:23-cr-00123   Document 25    Filed 10/04/23   Page 3 of 3 PageID #: 64




           The Clerk is directed to forward copies of this order

to the defendant, all counsel of record, the United States

Probation Department, and the United States Marshal.


                                     DATED: October 4, 2023




                                       3

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